NDLI: Sheth Maneklal Mansukhbai Vs. Messrs. Hormusji Jamshedji Ginwalla and Sons.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ejectment of lessee as trespasser No regiatered lease deed Transfer of Property Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Gujrat Taluqdars’ Act, 1888 (6 of 1888) Transfer of Property Act, 1882 (4 of 1882)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Transfer of Property Act (IV of 1882), s. 538-A—Agreement to lease evidenced by correspondence—Lessee put in possession—Acceptance of rent for several years—No registered lease deed—Suit for ejectment of lessee as trespasser—Maintainability—Doctrine of part- performance,The predecessor in interest of the defendant, being desirous of putting up a factory in certain plots of land situated within a Talugdari estate which was under the management of the Government under the Gujarat Taluqdars Act, 1888, applied in writing to the Taluqdari Settlement Officer for a permenent lease of the plots. The Taluqdari Officer agreed to grant a lease on certain terms subject to the sanction of the Government and forwarded a letter to the Government stating the offer to take the plots on lease, his provisional acceptance of the same subject to the sanction of the Government and the terms of the lease and by a Resolution dated 5th September, 1917, the Government granted the sanction. The defendant's predecessor was put in possession and though a formal lease deed was not executed and registered, the Taluqdari Officer and after the release of the estate by the Government, the agent of the talugdar, and the plaintiffs who came in as ijaradars. continued to receive the agreed rent up to 1932. In 1933 the plaintiffs instituted a suit to eject the defendant alleging that he was a mere trespasser as there was no registered lease deed : Held, that the correspondence which passed between the defendant's predecessor-in-title and the Talugdari Officer, the letter sent by the latter to the Government, and the Resolution of the Government dated 5th September, 1917, proved that there was a contract in writing to grant a lease on the terms stated in the Taluqdari Officer's letter, and as the defendant's predecessor was put in possession in furtherance of this contract and the rents agreed upon were accepted for several years, s. 53-A of the Transfer of Property Act was applicable to the case and the plaintiffs were not entitled to eject the defendant.
Judge	Honble Mr. Justice Mehr Chand Mahajan
Neutral Citation	1950 INSC 5
Petitioner	Sheth Maneklal Mansukhbai
Respondent	Messrs. Hormusji Jamshedji Ginwalla And Sons.
SCR	[1950] 1 S.C.R. 75
Judgement Date	1950-03-21
Case Number	37

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Sheth Maneklal Mansukhbai Vs. Messrs. Hormusji Jamshedji Ginwalla and Sons.

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